CITY COUNCIL MEETING
MINUTES
MONDAY, MARCH 27, 2006
I.
CALL TO ORDER
A
regular meeting of the City Council of the City of Liberty, Missouri was held
in the Council Chambers at City Hall on March 27, 2006 with Mayor Robert T. Steinkamp presiding. Mayor Steinkamp called the meeting to order
at 7:00
p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Council Member Nick King
who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Robert T. Steinkamp; Coni Hadden and Harold
Phillips, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Juarenne Hester and
John Parry, Ward III; and Nick King and Bill Parker, Ward IV. Also in attendance were Curt Wenson, City
Administrator; Cynthia Boecker, Assistant City Administrator; Craig Knouse,
Police Chief; Dave Tedesco, Police Captain; Gary Birch, Fire Chief; Mike
Snider, Deputy Fire Chief; Linda Tyree, Finance Director; Marcella McCoy,
Finance Manager; Chris Deal, Parks & Recreation Director; Bruce Hickam,
Marketing and Special Events Coordinator; Steve Anderson, Planning &
Development Director; Val Drogt, Special Projects Manager; Rebecca Wymore,
Planner; Jonna Wensel, Preservation Planner; Sara Cooke, Public Relations
Coordinator; Brian Hess, City Engineer; Tony Sage, Information Services
Manager; Angie Borgedalen, Liberty Sun Tribune; Tanya Fogg Young, The Kansas
City Star; and 13 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF MARCH 13, 2006
Council Member Coe moved to approve the minutes as
distributed. Council Member King
seconded the motion. Council Member
Phillips commented that the summary of the discussion regarding the street
lights to be provided by KCP&L appeared to be more definitive than what was
said. While he offered no revision for
consideration, Mr. Phillips noted that his recollection was the staff offered
to research the options regarding street lighting. The motion carried 7-0-1. Council Member Hadden abstained due to
absence.
V. CITIZENS’ PARTICIPATION – None.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
Council Member Phillips stated he had a financial
interest in the next matter and would recuse himself from the discussion and
vote. He left the room at this time.
A. *SPECIAL
USE PERMIT AND FINAL DEVELOPMENT PLAN FOR ADAPTIVE REUSE OF EXISTING 1850S BUILDING FOR 3-UNIT RESIDENTIAL USE – ORDINANCE
Planner Rebecca Wymore reviewed the application for
three residential units and a garage at 438 East Franklin in the Jewell Historic District. She noted the existing structure, also known
as the Liberty Female College, is currently vacant and in an advanced state of
deterioration. The application meets
requirements for adequate public facilities, including access to Franklin Street and agreement to pave the alleyway that runs
north-south along the eastern portion of the site.
Ms. Wymore stated the applicant proposes renovating
the structure, providing three parking spaces east of the structure, as well as
a three-car garage behind the residential structure, complementary to the
original design. The Historic District
Review Commission approved the design proposed on the renovation and commented
in favor of the use.
Ms. Wymore noted that, due to the garage being 24% larger
than what is permitted in the Unified Development Ordinance (UDO), a variance
to the UDO for the garage is part of this ordinance. Because this is a larger lot, the larger
structure can be accommodated. The
application meets the findings for the special use permit, which is required
for this type of use in the RNC, Neighborhood Conservation Residential
District. Ms. Wymore stated the Planning
& Zoning Commission recommends approval of the special use permit and final
development plan with the variance.
Council Member King asked about the size of the
adjacent lot to the west of this lot.
Planning & Development Director Steve Anderson stated it appears to
be one lot. Mr. King questioned how this
lot was bigger than the surrounding lots.
Ms. Wymore stated this property is just under one-half acre.
Council Member Hadden asked why the garage was placed
so close to the alleyway. Ms. Wymore
noted the additional parking spaces were added east of the garage. Mrs. Hadden asked if the garage might have been
less obtrusive if it were placed farther away from the alley. Mr. Anderson stated that iT met the setback
requirements and the applicant wanted more yard for use by the residents.
Council Member Martin asked for clarification of the
garage. Ms. Wymore stated the garage
houses three separate parking areas.
Council Member Hester asked about the landscaping and what buffering
there would be between this lot and the one to the west. Ms. Wymore stated there is an existing large
tree to the west of the property. Mr.
Anderson stated there is no landscaping buffer
planned between the building and the house to the west.
Mayor Steinkamp opened the public hearing and asked if
anyone present wished to speak in favor of the application. Mike Mundy, 417 East Franklin, stated he purchased the property and addressed
earlier questions of Council. He stated
the adjacent property to the west is all owned by the same individuals and
their structure sits on one-third of the long lot. That lot is also large, but the others along
the alley are smaller by comparison. He
stated there is an existing six-foot privacy fence in between his lot and the
one to the west, which serves as a buffer.
The huge tree will offer some privacy for the residents on the second
and third floors, but there is not much room for additional landscaping. Mr. Mundy stated the garage placement was
based on providing more yard for the residents to use and be able to see from
their windows. The garage is in a
similar location to the adjacent property owners on the alley and has
partitions between each space. Because
there are no other outbuildings on the lot, the larger garage also offers a
little more space for each resident.
Council Member Coe asked what was planned for the
parking spaces. Mr. Mundy said pavers
would be used and they would comply with the setback requirements. He added that it is planned for each unit to
have at least one car, possibly two.
Mayor Steinkamp asked if anyone else wished to speak
in favor of the application. Seeing
none, he asked if anyone wished to speak in opposition to the application or
had any questions. Seeing none he closed
the public hearing.
Document No. 6499 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member King seconded the motion,
which carried 7-0-1. Council Member
Phillips abstained due to a conflict of interest.
Council Member Hadden moved to approve the
ordinance. Council Member Hester
seconded the motion, which carried 7-0-1. Council Member Phillips abstained due to a
conflict of interest. It was approved by
the Chair and is inscribed in Ordinance No. 8956.
Council Member Phillips returned to the meeting at
this time.
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MARCH 3, 2006 THROUGH MARCH 17, 2006 – ORDINANCE
Document No. 6500 was read. Council Member King moved to approve the
ordinance. Council Member Hester
seconded the motion.
Council Member Hadden asked if Mayfair Cleaners
operates in Liberty. Assistant City Administrator Cynthia Boecker stated it has a store
at Liberty Drive and M-291.
Mrs. Hadden asked if the cleaning is done on a contractual basis. Ms. Boecker stated it is and that the City
had used Liberty One-Hour Cleaners, but it went out of business and the new
agreement was approved for this year.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council
Member Hadden – yes; Council Member Coe – yes; Council Member Parry – yes;
Council Member King – yes. The motion
carried unanimously; it was approved by the Chair and inscribed in Ordinance
No. 8957.
C. CONTRACT WITH SPRINGSTED INC. FOR ROAD IMPACT, WATER, AND WASTEWATER RATE STUDY
IN AN AMOUNT NOT TO EXCEED $43,000 – ORDINANCE (SECOND READING)
D. *FINAL
PLAT (REPLAT) FOR SHOPPES AT LIBERTY TRIANGLE, SECOND PLAT, NORTH HAVEN ESTATES IN THE LIBERTY TRIANGLE – ORDINANCE
Ms. Wymore reviewed the application for a replat of
the final plat for the Shoppes at Liberty Triangle, Second Plat, in North Haven
Estates. She stated that there are five
acres and the plat would create two lots and one tract for parking. Adequate public facilities requirements are
met with access to Stewart
Road via Stewart Court and sanitary sewer service and water service provided
by existing mains. Additional storm
water management plans will be analyzed as the site develops.
Ms. Wymore stated that the preliminary development
plan shows three free-standing restaurants.
A Texas Roadhouse restaurant was approved administratively for Lot
1 . The Planning & Zoning Commission
recommends approval of the replat.
Council Member King asked what is to be in the area to
the east. Ms. Wymore stated that is
designated for parking for the whole development. Mr. King asked if the motel employees could
park there. Ms. Wymore said they could.
Council Member Parker asked how often the aerial
photographs are updated. City Engineer
Brian Hess said it is every few years and they are in the process of being
updated now.
Council Member Parry asked if the area designated for
parking could be changed to green space.
Mr. Anderson stated that the parking was needed for the development and
it would be available for employee parking.
Mr. Parry asked if this meant employees of the restaurants would have to
cross two streets to get to the restaurants.
Mr. Anderson said that was correct.
Council Member Hester asked if there is any
information on what restaurants might go in the other two spaces. Ms. Wymore stated that no applications have
been received. Council Member King asked
about the timeframe for opening of the Texas Roadhouse. Mr. Anderson stated that the restaurant had
applied for permits and could open after the new Park & Ride is ready so
the property can be formally transferred.
Mr. King asked if the Road Tax had been calculated on the
Roadhouse. Mr. Anderson stated he would
provide that information.
Document No. 6501 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Hadden moved to approve the
ordinance. Council Member King seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8960.
E. AMENDMENT
TO CHAPTER 2, LIBERTY CODE OF ORDINANCES, ESTABLISHING THE LIBERTY ARTS COMMISSION – ORDINANCE
City Administrator Curt Wenson stated that creation of
an arts council had been reviewed by Council in a February study session and
staff was available to answer questions.
Document No. 6502 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Hester moved to approve the
ordinance. Council Member Hadden
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8961.
F. AMENDMENT
TO ORDINANCE ESTABLISHING PARKS & RECREATION FUND – ORDINANCE
Mr. Wenson stated that this was a housekeeping item to
change the name of the fund at the recommendation of the Northland Community
Foundation. A revised ordinance, provided
to Council, amends the ordinance to replace the word “foundation” with the word
“charitable”, so that the fund will be known as the Liberty Parks &
Recreation Charitable Fund.
Document No. 6503 was read. Council Member Hadden moved to waive the
rules and consider the ordinance on first reading. Council Member King seconded the motion,
which carried unanimously.
Council Member Martin moved to approve the
ordinance. Council Member Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8962.
G. CONTRACT
WITH TOTAL ELECTRIC CONSTRUCTION CO. IN AN AMOUNT NOT TO EXCEED $156,813.75 FOR
INSTALLATION OF TRAFFIC SIGNAL AT WITHERS ROAD AND SOUTH WALES – ORDINANCE
Council Member Coe asked when the project would
start. Mr. Hess stated the notice to
proceed would be issued in the next week or two and the actual installation
would depend on when the poles were delivered.
Council Member Parry asked when the City would receive
reimbursement. Mr. Hess said it would be
after the project was completed and accepted by the City Council.
Document No. 6504 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Hadden seconded the motion, which carried unanimously.
Council Member Coe moved to approve the
ordinance. Council Member Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8963.
H. REAFFIRMATION OF THE
CITY’S BUSINESS LICENSE TAX ON TELECOMMUNICATIONS AND AUTHORIZATION OF
COMPLIANCE WITH STATUTORY REQUIREMENTS – ORDINANCE
Document No. 6505 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Coe seconded the motion, which
carried unanimously.
Council Member Hadden moved to approve the
ordinance. Council Member Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8964.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson stated that the Liberty Tribune is celebrating its 160th
anniversary with an open house on April 6 from 4:00 p.m. to 5:30 p.m. Members of the City Council are
invited to attend.
Mr.
Wenson asked council members wanting to participate in the April 11 driving
tour of the South
Liberty Parkway
to call Janet Pittman and reserve a space on the bus.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Hester stated she was thrilled with the establishment of the Arts
Commission. She said she was also
pleased with the exciting projects, such as the just-approved plan for the Liberty Female College and the improvements being made to the property at
Wilson and Lightburne, which allow the use of historic properties in Liberty.
Council
Member Hadden recommended an article in the February issue of American
City/County Magazine about emergency preparedness. She particularly appreciated the reminder
that an emergency plan should not rely on outside help for four to five days
after the disaster.
Council
Member Coe stated he was not satisfied with the letter from Sears and believes
the response was degrading to employees.
He said that, while it appears nothing can be done this time, the City
should carefully consider agreements of this type in the future.
Council
Member Parry asked about a finance committee being established. Mr. Wenson stated that information about what
is done in other communities and the City’s options would be brought forward to
Council sometime in May.
Council
Member King said it was good to see so many members of the public attending the
meetings and welcomed back Fay Bedinger to those observing the City Council.
Mayor
Steinkamp stated that there would be a ten minute break and the Council would
then go into executive session in the conference room.
He
noted a form had been provided to council members and stated he was requesting
input on those individuals the council members would recommend be appointed to
the new Arts Commission. He asked
Council to be mindful of the kinds of information requested about appointees
and include that with any names proposed.
Mayor Steinkamp stated he would like to recommend appointments to the
City Council in the next two weeks.
XIII. ADJOURNMENT
The
meeting adjourned at 7:41 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk